Delhi High Court
N.T.P.C. Ltd./ Badarpur Thermal ... vs Badarpur Power Engineers & ... on 9 December, 2009
Author: S.Ravindra Bhat
13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
PRONOUNCED ON: 09.12.2009
CS (OS) 1331/2008
N.T.P.C. LTD./ BADARPUR THERMAL POWER STATION ..... Plaintiff
Through: Mr. S.K. Taneja, Sr. Advocate with
Mr. Rajesh Gupta, Advocate.
versus
BADARPUR POWER ENGINEERS &
WORKERS UNION AND OTHERS ..... Defendants
Through: Mr. Om Prakash, General Secretary
of defendant Union and defendant No.3.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
1.
Whether the Reporters of local papers
may be allowed to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be
reported in the Digest?
HON'BLE MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT)
%
1. Heard the plaintiff and defendant No.1 through its General Secretary - Shri Om Prakash.
He is also the third defendant. He deposed in support of the application seeking dismissal of the
Suit and also claims to be authorized by the first defendant - Union.
2. In the present Suit, the plaintiff seeks the following reliefs: -
"26.
CS (OS) 1331/2008 Page 1
(I) Pass a decree for permanent injunction in favour of the plaintiff and against the
defendants, its office bearers, members, associates and agents thereby restraining
them from:
(A) From staging demonstrations, dharnas, shouting slogans, burning effigies, use of
abusive language etc., against the plaintiffs and its officers within its premises
and within a radius of 100 meters from the gate no.1,2 and other entry points to
plaintiffs office/premises at Badarpur Thermal Power Station, Badarpur, New
Delhi and from NTPC head office at core 6 &7, Scope Complex, Lodhi Road,
New Delhi, Lodhi Road, New Delhi - 110 003;
(B) Restraining the defendants, their members, servants, associates, etc. from:
I. Obstructing, intimidating or preventing the willing employees, officers of
the plaintiffs from having free and unobstructed, peaceful ingress and
egress to the office premises of the plaintiffs located at Badarpur Thermal
Power Station, Badarpur, New Delhi and NTPC head office at core 6 & 7,
Scope Complex, Lodhi Road, New Delhi;
II. Preventing the officers and employees of the plaintiffs from carrying on
their normal functions:
III. Gheraoing the Chairman-cum-Managing Director, General Manager
and/or any other officers or employees of the plaintiffs at their offices or
at their respective residences."
3. Defendant No.1 is an Engineers' and Workers' Union - one of the registered trade
Unions, whose members are employees of the plaintiff. The said Union also claims to be
recognized by the plaintiff and is functioning in its premises.
4. The first defendant in its application contends that the present Suit is not maintainable in
view of the orders in the previous two suits, filed before this Court. More particularly, the
defendant/applicant submits that the decree in Suit No.1925/1993 binds both the parties. The
final order of the Court dated 28.03.2005 in CS (OS) 1925/1993, (later transferred to this Court)
is in the following terms: -
"28.03.2005
Present: Shri Rajesh Kumar, Advocate, learned counsel for the plaintiffs,
along with Mr. R.K.Sharma, Manager (HR) of plaintiff No.2 in person.
Defendant no.2 in person for himself as well as for defendant no.1 Union.
CS (OS) 1331/2008 Page 2
Defendant no.4 in person.
Vakalatnama has been filed on behalf of plaintiffs. It is stated by the
learned counsel for the plaintiff that defendant no.2, General Secretary of the
Union, that in Suit No.614/94 was disposed of by the Hon'ble High Court vide
order dated 10.10.2002 and defendants have agreed not to hold any
demonstration within a radius of 50 meters from gate no.4 of the plant. Let
the statement of parties may be recorded.
Statement of Sh. O.P. Gupta, General Secretary of defendant no.1 Union
and Mr. R.K. Sharma of the plaintiff no.2 and Shri Rajesh Kumar, Advocate,
learned counsel for the plaintiffs have been recorded separately today. In
view of the statements, the defendants, the defendant no.1 Union is restrained
from holding any demonstration within a radius of 50 meters from gate no.4
of Badarpur Thermal Power Station. This order, however, shall not hamper
the legitimate Trade Union activities of defendant no.1 beyond the radius of
50 meters from gate no.4. The suit is disposed of accordingly. The parties
shall be bound by the undertaking given by them. File be consigned to Record
Room."
5. It is contended that in the circumstances, the plaintiff cannot seek the relief of a decree of
permanent injunction to restrain the defendants from protesting or holding dharna outside Gate
No.1. The applicant/defendant contended in addition that in any event, protests and dharnas are
being conducted outside Gate No.1, in addition to complying with the permanent injunction
granted by the Court on 28.03.2005.
6. During the course of hearing, Mr. Om Prakash, third defendant and also the General
Secretary of the first defendant Union submits that since the order dated 28.3.2005 has become
final, the said defendant Nos.1,2&3 would have no objection if statement is recorded that they
would not hold demonstration, dharna or protests within the radius of 50 meters from Gate
Nos.1&2.
7. In view of the submissions made and statement on behalf of the first three defendants, a
permanent injunction is issued against the defendant Nos.1-3 or the office bearers of Defendant
No.1 from staging the demonstrations, dharnas or doing anything or shouting slogans etc. within
CS (OS) 1331/2008 Page 3
the radius of 50 meters from Gate No.1&2 of the Thermal Power Station at Badarpur. Nothing
survives as against the defendant Nos.4-17, as they are the current office bearers.
8. This order will not in any way impinge on the operation or of the rights and liabilities of
the parties in the previous decree and order dated 28.03.2005 in CS (OS) 68/2004 on the file of
this Court.
9. The Suit is disposed of in the above terms, along with all the pending applications.
S. RAVINDRA BHAT
(JUDGE)
DECEMBER 9, 2009
/vd/
CS (OS) 1331/2008 Page 4
